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FL S0822

Bill

Status

Introduced

2/4/2011

Primary Sponsor

Ellyn Bogdanoff

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Amends Florida's expert testimony standards (s. 90.702) to require that expert opinions be based on sufficient facts or data, reliable principles and methods, and proper application of those methods to the case facts

  • Adopts the federal "Daubert" standard for evaluating expert testimony, requiring Florida courts to follow three U.S. Supreme Court decisions: Daubert v. Merrell Dow Pharmaceuticals (1993), General Electric Co. v. Joiner (1997), and Kumho Tire Co. v. Carmichael (1999)

  • Eliminates Florida's use of the "Frye" standard (Frye v. United States, 1923), which previously governed admissibility of expert scientific testimony in the state

  • Restricts disclosure of otherwise inadmissible facts or data to juries unless the court determines the probative value in evaluating the expert's opinion substantially outweighs any prejudicial effect

  • Effective date of July 1, 2011

Legislative Description

Expert Testimony

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Rules4/7/2011
Budget3/14/2011
Judiciary2/9/2011

Full Bill Text

No bill text available